Oireachtas of the Irish Free State
The Oireachtas of the Irish Free State (Oireachtas Shaorstát Éireann) was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty. It was the first officially recognised independent Irish Parliament outside of Ireland since the historic Parliament of Ireland which was disbanded with the Act of Union in 1800. The Parliament was bicameral, consisting of Dáil Éireann (the lower house, also known as 'the Dáil' ) with 153 seats and Seanad Éireann (the upper house; also known as 'the Senate' or 'the Seanad') with 60 seats. The King, who was officially represented by the Governor-General, was also a constituent part of the Oireachtas. The Oireachtas of the Irish Free State were disbanded by the 1937 Constitution of Ireland which created the modern Oireachtas Éireann. Like the modern Oireachtas, the Free State legislature was dominated by the powerful, directly elected Dáil. Unlike the modern organ, the Free State Oireachtas had authority to amend the constitution as it saw fit, without recourse to a referendum. During the Free State it was also the Oireachtas as a whole, rather than the Dáil, that had authority to commit the state to war, although this distinction was not significant in practice. History The earliest parliament in Ireland was the Parliament of Ireland, which was founded in the thirteenth century as the supreme legislative body of the lordship of Ireland and was in existence until 1801. This parliament governed the English-dominated part of Ireland, which at first was limited to Dublin and surrounding cities, but later grew to include the entire island. But the Parliament of Ireland was, from the passage of Poynings' Law (1494) until its repeal in 1782, subordinate to the Parliament of England, and later Parliament of Great Britain. This Parliament consisted of the King of Ireland, who was the same person as the King of England, a House of the Lords and a House of Commons. Under the Act of Union 1800 the separate Kingdoms of Ireland and Great Britain were merged on 1 January 1801, to form the United Kingdom of Great Britain and Ireland and the Parliament of the United Kingdom. Throughout the 19th century Irish opposition to the Union was strong, occasionally erupting in violent insurrection. The next legislature to exist in Ireland only came into being in 1919. This was an extra-legal, unicameral parliament established by republicans, known simply as [[Dáil Éireann (Irish Republic)|Dáil Éireann] and thus existed outside of British law. The Dáil was notionally a legislature for the whole island of Ireland. The First Dáil and the Second Dáil did not therefore have any recognised legal authority outside of Ireland. The Third Dáil was elected under the terms of the Anglo-Irish Treaty as a constituent assembly to approve the Constitution of the Irish Free State and pave the way for the creation of the new state. Once the Constitution of the Irish Free State was in effect the Third Dáil served as the lower house of the Oireachtas. Under the terms of the constitution, however, the Third Dáil merely carried out the functions of the Dáil during this period until a new chamber could be elected. The first Dáil of the Irish Free State was therefore officially the Fourth Dáil, which was elected in 1923. In 1920, in parallel to the extra-legal Dáil, the British Government created the Parliament of Southern Ireland (Pairlimint Deiscirt na hÉireann), a Home Rule legislature during the Irish War of Independence under the Fourth Home Rule Bill. It was designed to legislate for Southern Ireland, a political entity which was created by the British Government to solve the issue of rising Irish nationalism and the issue of partitionism, whilst retaining Ireland as part of the United Kingdom. It was made up of the King, the House of Commons of Southern Ireland and the Senate of Southern Ireland. The Parliament of Southern Ireland was formally abolished in 1922 by the Irish Free State (Agreement) Act 1922, as per the Anglo-Irish Treaty which was the basis of the Constitution of the Irish Free State which establishmed the Oireachtas. Powers Under the constitution the Oireachtas had exclusive authority to: * Legislate, including approving the budget. * Create subordinate legislatures. * Amend the Constitution. * Permit the state to participate in a war. * Raise and control armed forces. There were however also a number of limitations to the Oireachtas power: * Laws or constitutional amendments were invalid if they violated the Anglo-Irish Treaty. * It could not retrospectively criminalise acts that were not illegal at the time they were committed. * Until the 1931 Statute of Westminster, the British Parliament retained the power, in theory, to legislate for the Irish Free State without its consent. * The Oireachtas could only legislate for the Irish Free State (defined as the area which had previously been known as Southern Ireland), and not for Northern Ireland. 1936–1937 A series of constitutional amendments in 1936 substantially altered the functioning of the Oireachtas: * The King ceased to be a part of the Oireachtas, and the responsibility for signing bills into law became a formality exercised by the Ceann Comhairle. * The Seanad was abolished so the Irish Free State Oireachtas consisted solely of the Dáil. * The original oath was abolished. * The requirement for laws and constitutional amendments to comply with the Anglo-Irish Treaty was removed. * The power to dissolve the legislature was exercised by the Ceann Comhairle when instructed to do so by the President of the Executive Council. Category:Oireachtas Category:Irish Free State